law should be if i were writing law. the point is it doesn't say that. the point is if someone is tortured, you can't use what you get under torture. they have a lot of things on ksm without having to use what they got during torture. >> so having conversations for ten years -- >> and they have got this all on tape. >> so the point is that khalid sheikh mohammed could be tried in a civilian court and a reasonable chance of conviction. >> and the only reason why it doesn't happen is because of the politics of the situation. and that's, again, going back to the big problem. but even looking at military commissions, so you have this case where there was this ruling, let's put this back on the obama administration again. so there's the political piece with congress and there's george bush, but here's what the obama administration can and should do. they're in the position to decide whether they are going to appeal this court ruling about conspiracy, right, the nonwar crimes, crimes. >> in which a court vacated a conviction. >> the obama administration should